Best Child Support Lawyers in Nashville

About Child Support Law in Nashville, United States

Child support in Nashville is governed by Tennessee state law and administered locally through county courts and the Tennessee Department of Human Services - Child Support Services. The first priorities are the childs financial needs and the parents ability to pay. Tennessee follows statewide child support guidelines designed to produce a presumptive support amount based on the parents incomes, the number of children, and other common child-related expenses. Orders may address basic support, health insurance, uninsured medical costs, child care for work or education, and how payments are to be made and enforced.

Why You May Need a Lawyer

Many child support matters can be handled through Child Support Services or by agreement between parents, but there are frequent situations where legal representation is important or necessary:

- Contested paternity - when parentage is disputed and DNA testing, a court order, or legal strategy is required.

- Complex income issues - if a parent is self-employed, paid cash, has fluctuating income, or receives non-standard compensation such as stock options.

- Requesting or opposing deviations from the guidelines - when special needs or unusual expenses make the guideline amount unfair or impracticable.

- Enforcement and collection - when a parent stops paying and enforcement tools, including wage garnishment, contempt, or interstate enforcement under UIFSA, are needed.

- Modifications - when income, custody, or the childs needs change and a formal modification of the order must be sought.

- Interstate or multi-jurisdictional disputes - when one parent moves, or there are orders from other states or tribal jurisdictions.

- Custody and visitation disputes that affect support - because changes to parenting time can change support calculations and require coordinated legal strategy.

Local Laws Overview

Key local and state law features relevant to child support in Nashville include:

- Tennessee Child Support Guidelines - Tennessee uses an income-shares approach that looks to combine both parents incomes to determine the amount that would have been available for the child if the family remained intact. The guidelines produce a presumptive amount, and courts can deviate when justified.

- Establishing paternity - Paternity can be established voluntarily by both parents signing a legal acknowledgment or by a court order, often following genetic testing. Establishing paternity is required before a support order can be entered when parents were not married.

- Health insurance and medical costs - Courts commonly require one or both parents to provide health insurance if it is available at a reasonable cost. Uninsured and unreimbursed medical expenses are usually divided between the parents in proportion to their incomes.

- Child care and work-related costs - Reasonable child care expenses necessary for a parent to work or attend school may be added to the support calculation and shared proportionately.

- Duration of support - Support generally continues until the child becomes an adult. In Tennessee that is typically age 18, with possible extensions in certain cases for high school attendance, disabilities, or other legally recognized reasons.

- Modifications - A support order can be modified after entry when there is a substantial and continuing change in circumstances. Modifications must be obtained through the court or via the state child support agency.

- Enforcement tools - Tennessee and federal law give the state multiple enforcement methods including income withholding, tax refund interception, suspension of drivers or professional licenses, liens, seizure of assets, and contempt proceedings. Interstate enforcement is available under the Uniform Interstate Family Support Act - UIFSA.

- Role of Child Support Services - The Tennessee Department of Human Services - Child Support Services can assist with establishing orders, locating parents, paternity establishment, setting up collections, and enforcing orders, including when public assistance is involved.

Frequently Asked Questions

How is child support calculated in Nashville?

Child support is calculated using Tennessees Child Support Guidelines which use an income-shares model. The calculation starts with the gross incomes of both parents, subtracts allowable deductions, and then allocates the combined parental obligation among the children. Additional costs such as health insurance premiums, uninsured medical expenses, and child care for work or education are added and shared proportionally.

Can I get child support if the parents were never married?

Yes. A parent who was not married to the other parent can obtain child support, but parentage must be established first. This can be done by a signed voluntary acknowledgment of paternity or by a court paternity order, which may involve DNA testing. Once paternity is established, a support order can be issued.

What happens if the paying parent stops paying?

If a parent stops paying, enforcement options include income withholding, tax refund interception, reporting to credit agencies, suspension of drivers or professional licenses, liens on property, contempt of court with possible fines or jail, and seizure of assets. The Tennessee Department of Human Services - Child Support Services can assist with many enforcement steps.

Can child support be changed later?

Yes. Either parent can ask the court or the state child support agency to modify an order if there is a substantial and continuing change in circumstances, such as a significant change in income, custody, or the childs needs. Modifications are prospective, meaning they apply from the date the change is requested or the date stated in the new order, not retroactively unless the court orders otherwise.

How long does child support last in Tennessee?

Child support commonly continues until the child reaches adulthood. In Tennessee that is generally until age 18, though support may extend in specific circumstances such as if the child is still in high school or has certain disabilities. The exact end date should be specified in the court order.

Who is responsible for providing health insurance for the child?

The court often requires that a parent who has access to affordable employer-sponsored health insurance cover the child. If both parents have coverage available, the court will consider cost and coverage and assign responsibility accordingly. Parents also typically split uninsured and unreimbursed medical expenses proportionally based on income.

How are incomes handled if a parent is self-employed or paid cash?

Courts will seek to determine actual income by reviewing tax returns, bank records, business records, paystubs, and other financial documents. When income is irregular or underreported, the court may impute income based on earning capacity, past earnings, or other evidence. Accurate documentation is critical.

What if the paying parent lives out of state?

Interstate enforcement is available through the Uniform Interstate Family Support Act - UIFSA. Tennessee can register an out-of-state order and use federal and state tools to enforce it, including income withholding through employers, passport denial in certain cases, and cooperation with the other states child support agencies.

Can child support include expenses for special needs or extracurricular activities?

Yes. Courts may include reasonable special needs expenses - such as special education, therapy, or extraordinary medical costs - in the support order or allocate them between the parents. Discretionary items like some extracurricular activities may be addressed in the parenting plan or ordered as shared expenses if the court finds them appropriate and reasonable.

Do payments made directly between parents count as legal child support?

Direct payments can satisfy an obligation if the paying parent has a valid court order and the receiving parent accepts payment. For enforcement and tax or accounting purposes it is best to have payments made through the mechanisms specified in the court order, such as wage withholding or the state child support payment system, and to obtain receipts or written acknowledgment. Relying solely on informal arrangements can create enforcement and proof problems later.

Additional Resources

Useful agencies and organizations for people dealing with child support in Nashville include:

- Tennessee Department of Human Services - Child Support Services - for establishing, enforcing, and modifying support orders.

- Davidson County Court Clerk or Family Court - for filing petitions, obtaining court dates, and accessing local forms.

- Tennessee Administrative Office of the Courts - for statewide forms, rules, and procedural information.

- Legal Aid organizations serving Tennessee - for low-income individuals who need legal help or advice.

- Nashville Bar Association - for lawyer referral services and information about local attorneys who focus on family law.

- Federal Office of Child Support Enforcement - for information on federal rules and interstate enforcement programs.

Next Steps

If you need legal assistance with child support in Nashville, consider the following practical steps:

- Gather documentation - Collect pay stubs, tax returns, bank statements, health insurance information, records of childcare expenses, and any written agreements or prior orders. Having complete records speeds up the process.

- Contact Child Support Services - If you want state assistance with establishing or enforcing support, reach out to the Tennessee Department of Human Services - Child Support Services for intake and guidance on available services.

- Consider legal advice - If your case involves contested paternity, hidden income, modification disputes, interstate issues, or complex custody arrangements, consult a family law attorney. Use the Nashville Bar Association or local legal aid to find qualified counsel or a referral for a consultation.

- Think about alternatives - Mediation or negotiation may resolve support and related parenting issues more quickly and affordably than litigation. An attorney can advise whether mediation makes sense in your circumstance.

- File promptly if necessary - If you need a support order, modification, or enforcement, prompt filing protects the childs financial interest. Deadlines and procedures vary, so check with the court or an attorney about the correct local steps.

- Prepare for court - If your matter moves to court, be ready with documents, a clear account of dates and payments, and a written summary of your requested order. An attorney can prepare pleadings and represent you at hearings.

Child support matters affect both the childs wellbeing and the parents finances. Getting clear information early, documenting income and expenses, and using the right local resources will help you navigate the process more effectively.